The Supreme Court opened its new term this month, and there are at least two pending cert petitions, both in murder cases, raising Confrontation Clause issues.

The first is Berkman v. Indiana, No. 12-10691, seeking review of Berkman v. State of Indiana, 976 N.E.2d 68 (Ind. Apps. 2012), transfer denied, 984 N.E.2d 221 (Ind. 2013).   The Indiana court held that a discovery deposition provides an opportunity for cross-examination sufficient to satisfy the Confrontation Clause.  There is conflict among states on this point.  Here are links to the petition, the appendix to the petition, the brief in opposition, and the reply brief in support of the petition.

The second is New Mexico v. Navarette, seeking review of State v. Navarette, 294 P.3d 435 (N.M. 2013).  The New Mexico Supreme Court held that an autopsy report performed as
part of a murder investigation is testimonial for purposes of the Confrontation Clause.  Here are links to the petition and the reply brief in support of the petition, and here is one to the brief in opposition.